Compulsory acquisition of waqf land by the state authorities: Compensation v. substitution

Noor ‘Ashikin, Hamid and Noraida, Harun and Kamaliah, Salleh and Norizan, Abdul Ghani (2015) Compulsory acquisition of waqf land by the state authorities: Compensation v. substitution. In: Proceedings of the International Conference on Waqf 2015 (ICW2015), 10 - 11 May 2015, UNISZA.

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Abstract

The compulsory acquisition of land is the process by which the government acquires from private landowners their land which is needed for any public purpose or for a purpose beneficial to the economic development of Malaysia. It is a drastic form of governmental interference as it results in the deprivation and removal of landowners from their properties. Many of the waqf lands donated by an individual or a group for the purpose of charity have been acquired by the government for this purpose. The objective of this paper is to compare two methods of paying damages for the lost. The methods are compensation and substitution. The study is qualitative in nature. Data are collected from literature reviews and semi-structure interviews. The analysis is done in descriptive manner. It concludes that the waqf or donated land will not be taken by the authority without reasonable grounds, only in critical situations and during emergency.

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